01 THE GOAL OF COOPERATION
It is important that You read and understand these terms and conditions (the “Affiliate Agreement”, “Agreement”). This Agreement along with Your Affiliate Application Form, Insertion Order and any other guidelines or additional terms We provide You with via email or on Our Website (together the “Affiliate Agreement”) represent the complete terms and conditions that apply to You in relation to Your participation in the HeavyBet Partners affiliate program (the “Affiliate Program”). In the event that the provisions of the Affiliate Application Form conflict with the provisions of this Agreement, the provisions of this Agreement prevail. In the event that the provisions of the Insertion Order conflict with the provisions of this Agreement, the provisions of the Insertion Order prevail.
References in this Agreement to: (a) “You”, “Your” and/or “Affiliate” mean the individual or entity that registered as an affiliate via the Affiliate Application Form as submitted through the Website (the “Affiliate Application Form”), (b) “We”, “Our”, “Us”, the “Company” refer to HeavyBet Partners, operated by SQUIBO LIMITED, a company incorporated under the Laws of Cyprus and bearing company registration number HE 405599 and currently having its registered office Vasili Michailidi 21, Limassol, Cyprus– where the context applies – also any of its shareholders, officers, directors, employees, advisors, consultants and any of its associated and/or affiliated legal and natural persons, and (c) “Operator” means any online gambling operator which uses the Affiliate Program. If You have any questions or concerns about these Affiliate Terms or the Program Terms and Conditions or the Affiliate Program itself, please email Us at info@HeavyBet.partners.
- The goal of cooperation under these Terms and Conditions is the promotion of the websites directly indicated by the Company (the “Websites”) to be performed by the Affiliate.
- The amount of remuneration payable to the Affiliate should be calculated in a way determined in these Terms and Conditions.
02 ONBOARDING PROCESS
- The potential Affiliate shall read these Terms and Conditions carefully and apply for the Affiliate Program only if he/she agrees with any and all provisions set forth therein.
- The Company assesses the application and then notifies the potential Affiliate about its decision.
- The answer of the Company will be provided in the written form (an email sent to the email address provided by the potential Affiliate).
- Company reserves the right to reject the application without giving any explanations.
- Only one account can be registered by the Affiliate using one IP-address, unless other explicitly agreed with the Company in written.
- Registering more than one account by one Affiliate without prior written consent of the Company will be considered as a fraudulent activity and entails the termination of the cooperation.
03 CONDITIONS
Only person over 18 years can apply for the Affiliate Program.
Affiliate shall possess the documents, permissions and licenses that are necessary to conduct promotion of the Websites using Company’s advertising materials.
Person who enter into agreements with the Company shall be competent and authorized representative of the Affiliate organizations.
Upon successful registration into HeavyBet Partners, the Affiliate will be given access to the HeavyBet brands banners, texts and images, along with other promotional material. Marketing material may be placed on the Affiliate’s site and which can be utilized via email and/or direct marketing to promote the Brand. The Approved Marketing Materials may not be altered by the Affiliate without our prior written consent.
The Affiliate is not permitted to use advertising or create websites or domains containing the Company and/or Brand name(s). The Affiliate shall not purchase keywords, sponsored advertising, or other search services and content that is identical or similar to the Company’s trademarks or other Company Brands with a primary focus to acquire branded traffic from search engines. The result of identification of such sources of traffic will result in the closure of the Affiliate’s account and earnings cancelled.
In the event of inactivity and the failure to refer any First Time Depositors (FTDs), we reserve the right to reduce the Affiliate’s commission to a flat rate of 25% until the Affiliate introduce 5 FTDs within a 6-month period. Upon the referral of the 5 FTDs, the Affiliate’s commission will revert back to the standard Revenue Share deal.
We reserve the right to terminate any Affiliate account if the Affiliate does not log in or respond to the Company within 180 days after notification by email from us that you have become an Inactive Affiliate.
Any player deemed fraudulent or a bonus abuser by the Company, who will self-exclude, voluntarily close their account or who is a duplicate of an existing account, will not be considered for the Cost Per Acquisition (CPA) payment.
Where a Chargeback is received against a customer or issuance of credit to a customer takes place; the Affiliate will not be eligible for the CPA payment in respect of the discounted player.
We reserve the right to change the commission payment schedule and methods of payment at any time.
We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination.
High-Roller Policy If in any given month a Referred Player referred by You generates a negative Net Revenue of at least €5,000, this Referred Player will be deemed to be a “High-Roller”. If the aggregate commissionable Net Revenue in that given month for You is negative then the negative net revenue generated by the High-Roller will be carried forward and offset against future net revenue generated by that High-Roller. The negative balance carried forward cannot be set-off against other Referred Players’ net revenue. The negative balance of a High-Roller will be reduced by future positive net revenue that they generate in subsequent months. A negative balance will not be increased by future negative Net Revenue unless the High-Roller meets the above-mentioned qualifying criteria in subsequent months. You will be able to view all adjustments in order to track the High-Roller’s net break-even point. Adjustments will be made at the end of each calendar month based on the cumulative revenue for the month.
A negative balance on one brand can affect the balance on another brand as they are bundled together and payments are not made for each brand separately.
Brand bidding: Unless explicitly authorised by us (HeavyBet Partners), it is formally prohibited for the publisher to bid on any brand keywords related to the name of the Brand of the Advertiser on any “pay per click” platform. Failure to respect these methods may result in the exclusion of the Publisher from the involed program and pending payment might be suspended as well as any “on hold” commission from your account.
04 RESPONSIBILITIES OF THE COMPANY
The Company shall:
- provide the Affiliate with all the information and marketing data needed for advertising and promoting the Websites;
- control the trafficking, keep a record of the net revenue, as well as of the total amount of remuneration for which data should be made available to the Affiliate;
- pay the remuneration to the Affiliate, in the amount based on the traffic generated and size of all revenues deriving from the players introduced by the Affiliate.
05 RESPONSIBILITIES OF THE AFFILIATE
The Affiliate shall:
- make all the efforts and use all the possibilities for advertising, marketing and promotion of the Websites indicated by the Company to introduce new players to the Websites;
- comply with any and all applicable laws in regulations in the course of the advertising activity;
- perform marketing activities using the link(s) provided by the Company.
- Any data, that is not directly provided by the Company, should be used for marketing purposes only after receiving a prior written permission from the Company.
- The Affiliate shall provide the Company with the reliable information about the identity of the Affiliate, including contact details, payment history, and address.
- The Affiliate shall compensate damages and costs resulting from any violations of any applicable rules or conditions committed by the Affiliate.
06 RESTRICTIONS AND LIMITATIONS
The Affiliate shall not:
- carry out illegal actions in the development of own websites, or to fill them with sexual, pornographic and obscene materials; attract players under 18 years old to the Websites;
- sign up as a player or make deposits directly or indirectly to any account by using own tracking links for personal use and/or use of his/her relatives, friends, employees or third parties, or in any other way attempt to artificially increase the amount of remuneration or defraud the Company;
- use of any kind of fraud to increase Affiliate`s own profit;
- send spam or post fake meta tags in the websites;
- use the promotional brochure without the prior consent of the Company;
- create own websites similar to the Websites indicated by the Company, imitate the design of the Websites to mislead the potential players and use such copy websites for marketing purposes; use domain names containing wholly or in any part the trademarks contained in the promotional materials provided by the Company; bid on keywords or search terms related to our brands without our prior consent;
- have access to any Personal Data of Company's customers;
- used domain names containing wholly or in any part the name of any of the Websites;
- offer any cash-back / value-back or similar programs, other than such programs as are offered on the Operator Websites. offer refunds and promotions;
- Affiliates are strictly prohibited to open personal accounts on the Websites. If such a fact is detected, the company operating the appropriate Website will immediately block personal accounts of the Affiliate and of the players he has introduced, and the funds from all those accounts will be written off in favor of the company operating the appropriate Website. Family members of the Affiliate and people who are close to him/her are also falling within the scope of this rule. The violation of this provision will be considered as a fraud;
07 PAYMENTS
- The number of the players introduced affects the Affiliate's remuneration. Potential players who have registered on the Website by clicking the Affiliate`s link and became players of one of the Websites indicated by the Company shall be deemed as the players introduced by the Affiliate.
- The amount of total income affecting the amount of Affiliate`s remuneration is the net revenue generated by the player without refunds or winnings, promotions or special offers.
- Payments to the Affiliate are made until the last day of every month for the previous. The payment shall be done if the minimum goal of EUR 200 (two hundred euros) has been reached. In a case if the last day of the month is not a business day – the payment can be postponed to the next business day.
- If there are less than EUR 200 on the account of the Affiliate, the payment shall be postponed to the next month and will be credited to Affiliate`s account when the minimum goal will be reached.
- An Affiliate needs to have at least 3 FTDs brought in the respective calendar month to qualify for a payment.
- If the Affiliate finds any errors in the calculation of the remuneration, the Affiliate has the right to request a recalculation. In the case of wrong calculation, the remaining funds will be deposited as soon as it would be reasonably possible. If the Affiliate has questions about the number of payments, he/she can contact the Company by sending an email to info@HeavyBet.partners, specifying the cause of the issue. The letter should be sent after the accrual of remuneration, and not later than 30 calendar days after the accrual date..
- If the Company needs to verify the conformity of all the operations, the Company has a right to delay payments up to 180 days.
- Funds that were received by using any fraudulent actions should be returned to the Company.
- To get a payment for a specified period, the Affiliate shall introduce at least 5 (five) active players for the last three months. Zero or negative balances shall not be transferred.
08 TERMINATION
- The notification of termination of cooperation shall be sent by email. Upon termination, the Affiliate shall remove all the related contacts and links.
- All understanding existing between the Affiliate and the Company shall be automatically canceled upon termination.
- If the cooperation is terminated by the Company due to the violations of these Terms and Condition committed by the Affiliate, the Company has the right to hold the funds.
- The Company has the right to refuse to work with any Affiliate without giving explanations.
09 WARRANTIES
- The Company does not guarantee the continuous performance of the Websites or their availability at any time or in any place.
- The Company shall not be liable for any damages resulting from interruptions, failures or delays in the Website’s performance.
10 FORCE MAJEURE
We implement appropriate technical and organizational measures to protect your personal data:
- In case it is impossible to fulfill obligations hereunder as a result of any emergency or inevitable events under the given conditions (force majeure circumstances, circumstances of insuperable force) which objectively prevent the fulfillment of obligations under the Agreement, the Parties shall be released from liability for partial or complete non-fulfillment of such obligations provided the Parties comply with the following provisions of the Agreement. Such circumstances (hereinafter referred to as the “Force Majeure Circumstances”) may include, but are not limited to: military actions, declared and undeclared war, armed conflicts, acts of terrorism, revolution, blockade, strike, accident, fire, explosion, prohibition (restriction) of export/import, epidemic, hurricane, flood, earthquake, other natural disasters, etc.
- If a Party fails to fulfill its obligations in time under the Force Majeure Circumstances, such Party shall send to the other Party a written notice of partial or complete non-fulfillment of its obligations under the Agreement, together with the indication of the specific circumstances of Force Majeure that prevent that Party from fulfilling its obligations as well as the cause-effect relationship between such circumstances and the impossibility of proper fulfillment of obligations. Such notice must be sent as soon as possible (but no later than in 5 (five) working days since the date it becomes objectively possible).
- In case of occurrence of the above-mentioned circumstances, the period of performance of contractual obligations shall be postponed in proportion to the time during which these circumstances or their consequences will be valid, but not more than 60 calendar days. A sufficient confirmation of the occurrence and validity of the above-mentioned circumstances will be a certificate issued by the appropriate authority.
11 MISCELLANEOUS
- Тhe Company reserves the right to amend any of the provisions stated herein without the prior notice. The Affiliate shall check the Terms and Conditions page from time to time to familiarize himself with the changes and amendments thereto. In case the you disagree with any of the changes, you shall immediately notify the Company in writing by sending the appropriate notice to the info@HeavyBet.partners, otherwise you will be deemed agreed with any and all changes to the Terms and Conditions.
- The Company is entitled to process the personal data of the Affiliate, including but not limited to email addresses, transaction details, IP addresses, name and surname.
12 CONFIDENTIALITY
- In the course of cooperation, the Affiliate may receive the information regarding the Company that shall be considered as confidential information.
- Confidential information shall include, inter alia, any information about the Company that is not publicly available, including the information about its organization structure, employees, affiliated companies, partners, business activity and marketing plans, as well as any other information that should be deemed confidential in accordance with the applicable rules and regulations.
- The Affiliate shall not disclose any confidential information without the prior written consent of the Company except the cases of forced disclosure required in accordance with the applicable legislation. In case of forced disclosure, the Affiliate shall immediately notify the Company about the fact of the disclose and the scope of the confidential information subject to disclosure.
